Read the provisions of 61.13(3) to see what you are up against. This is how people are supposed to get along with the other parent and their child, and you cannot go into court and just say you don’t want the father to be in your child’s life. This statute is made to apply in paternity proceedings by the case law. There are many factors that will work for you, and many that can work against you, depending upon what you say and do. Get counsel.

First and foremost, you should thoroughly review your parenting plan to see if there is language governing this situation. It is common practice to include language that instructs the parents how to handle in-state, out-of-state, and international travel. The sections usually contain strict deadlines for the amount of time that needs to be given for advanced notice and may include additional instructions. In the event this was overlooked and is not containing your parenting plan, I would strongly urge you to work collaboratively with your ex because this trip is for the benefit of the child in many ways. Additionally, if the concern is that this will take away some of her time with that parent over the summer, there is nothing to prevent you and your ex from making slight modifications in your time-sharing schedule for the remainder of the year in order to equalize the time between parents in a matter that satisfies both parties. If you can do this, you should be able to avoid having to go to court to litigate this matter because that is always regarded as a last case resort.

Unfortunately, at the moment, you do not have any “rights” to the children because you were not married at the time of their births. You would have to file a Petition to Establish Paternity, and the court would then lay out a parenting plan for you.

In a divorce, child custody should be determined according to what is in the best interest of the child. More and more judges are now ordering 50/50 timesharing arrangements.

Courts begin with the assumption that it is best for a child to have ongoing and frequent contact with both parents. Only if the court finds that a parent poses a threat to a child’s welfare will this assumption be altered. Even where there has been abuse or neglect, courts will often impose limits on contact, such as ordering that visits be supervised, rather than cutting off all contact.